HB5204 97TH GENERAL ASSEMBLY

LRB097 18253 PJG 63479 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5204

Introduced 2/8/2012, by Rep. Mike Fortner

SYNOPSIS AS INTRODUCED:

10 ILCS 5/7-61	from Ch. 46, par. 7-61
10 ILCS 5/8-17	from Ch. 46, par. 8-17

Amends the Election Code. Provides that, if a vacancy in nomination occurs as a result of a failure to nominate a candidate at the general primary election, the vacancy shall be filled only by a person nominated (now, designated) by the appropriate committee of the political party. Provides that the person nominated to fill the vacancy shall file his or her nominating petitions and other required documents, including the committee's resolution to fill a vacancy in nomination (now, notice of appointment), on or before the 75th day following the date of the general primary election (now, there is no time limit on filing the petitions and other documents). Effective July 1, 2012.

A BILL FOR

AN ACT concerning elections.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Election Code is amended by changing Sections 7-61 and 8-17 as follows:

(10 ILCS 5/7-61) (from Ch. 46, par. 7-61)

Sec. 7-61.

(a) Whenever a special election is necessary the provisions of this Article are applicable to the nomination of candidates to be voted for at such special election.

(b) In cases where a primary election is required the officer or board or commission whose duty it is under the provisions of this Act relating to general elections to call an election, shall fix a date for the primary for the nomination of candidates to be voted for at such special election. Notice of such primary shall be given at least 15 days prior to the maximum time provided for the filing of petitions for such a primary as provided in Section 7-12.

(c) The provisions of this subsection (c) and subsections (d) through (i) shall not apply to a situation where a vacancy in nomination occurred as a result of a failure to nominate a candidate at the general primary election. A Any vacancy in nomination under the provisions of this Article 7 occurring on or after the primary and prior to certification of candidates by the certifying board or officer, must be filled prior to the date of certification. Any vacancy in nomination occurring after certification but prior to 15 days before the general election shall be filled within 8 days after the event creating the vacancy. The resolution filling the vacancy shall be sent by U. S. mail or personal delivery to the certifying officer or board within 3 days of the action by which the vacancy was filled; provided, if such resolution is sent by mail and the U. S. postmark on the envelope containing such resolution is dated prior to the expiration of such 3 day limit, the resolution shall be deemed filed within such 3 day limit. Failure to so transmit the resolution within the time specified in this Section shall authorize the certifying officer or board to certify the original candidate. Vacancies shall be filled by the officers of a local municipal or township political party as specified in subsection (h) of Section 7-8, other than a statewide political party, that is established only within a municipality or township and the managing committee (or legislative committee in case of a candidate for State Senator or representative committee in the case of a candidate for State Representative in the General Assembly or State central committee in the case of a candidate for statewide office, including but not limited to the office of United States Senator) of the respective political party for the territorial area in which such vacancy occurs.

(d) The resolution to fill a vacancy in nomination shall be duly acknowledged before an officer qualified to take acknowledgements of deeds and shall include, upon its face, the following information:

(i) (a) the name of the original nominee and the office vacated;

(ii) (b) the date on which the vacancy occurred;

(iii) (c) the name and address of the nominee selected to fill the vacancy and the date of selection.

(e) The resolution to fill a vacancy in nomination shall be accompanied by a Statement of Candidacy, as prescribed in Section 7-10, completed by the selected nominee and a receipt indicating that such nominee has filed a statement of economic interests as required by the Illinois Governmental Ethics Act.

(f) The provisions of Section 10-8 through 10-10.1 relating to objections to certificates of nomination and nomination papers, hearings on objections, and judicial review, shall apply to and govern objections to resolutions for filling a vacancy in nomination.

(g) Any vacancy in nomination occurring 15 days or less before the consolidated election or the general election shall not be filled. In this event, the certification of the original candidate shall stand and his name shall appear on the official ballot to be voted at the general election.

(h) A vacancy in nomination occurs when a candidate who has been nominated under the provisions of this Article 7 dies before the election (whether death occurs prior to, on or after the day of the primary), or declines the nomination; provided that nominations may become vacant for other reasons.

(i) If the name of no established political party candidate was printed on the consolidated primary ballot for a particular office and if no person was nominated as a write-in candidate for such office, a vacancy in nomination shall be created which may be filled in accordance with the requirements of this Section prior to the date of certification for the consolidated election as provided in Section 7-60.1.

(j) The provisions of this subsection (j) shall only apply in situations where a vacancy in nomination has occurred as a result of a failure to nominate a candidate at the general primary election due to the fact that If the name of no established political party candidate was printed on the general primary ballot for a particular office and that if no person was nominated as a write-in candidate for such office. In such situations, a vacancy in nomination shall be filled only by a person nominated designated by the appropriate committee of the political party and only if that designated person files nominating petitions with the number of signatures required for an established party candidate for that office within 75 days after the day of the general primary. The circulation period for those petitions begins on the day the appropriate committee nominates designates that person. The person shall file his or her nominating petitions, statements of candidacy, resolution to fill a vacancy in nomination notice of appointment by the appropriate committee, and receipt of filing his or her statement of economic interests together on or before the 75th day following the date of the general primary election. These documents shall be filed at the same location as provided in Section 7-12. The electoral boards having jurisdiction under Section 10-9 to hear and pass upon objections to nominating petitions also shall hear and pass upon objections to nomination petitions filed by candidates under this paragraph. For purposes of this Section, the appropriate committees of the political parties shall be those committees listed in Section 7-7 of this Code and the legislative committee for the office of State senator and the representative committee for the office of State representative, established by Section 8-5 of this Code. Nominations to fill vacancies by the appropriate committees shall be in accordance with the provisions of Sections 7-8, 7-8.01, and 7-8.02 and, for vacancies in the office of State senator or State representative, shall be in accordance with Sections 8-6 and 8-17.1.

(k) A candidate for whom a nomination paper has been filed as a partisan candidate at a primary election, and who is defeated for his or her nomination at such primary election, is ineligible to be listed on the ballot at that general or consolidated election as a candidate of another political party.

(l) A candidate seeking election to an office for which candidates of political parties are nominated by caucus who is a participant in the caucus and who is defeated for his or her nomination at such caucus, is ineligible to be listed on the ballot at that general or consolidated election as a candidate of another political party.

(m) In the proceedings to nominate a candidate to fill a vacancy or to fill a vacancy in the nomination, each precinct, township, ward, county or congressional district, as the case may be, shall through its representative on such central or managing committee, be entitled to one vote for each ballot voted in such precinct, township, ward, county or congressional district, as the case may be, by the primary electors of its party at the primary election immediately preceding the meeting at which such vacancy is to be filled.

(n) For purposes of this Section, the words "certify" and "certification" shall refer to the act of officially declaring the names of candidates entitled to be printed upon the official ballot at an election and directing election authorities to place the names of such candidates upon the official ballot. "Certifying officers or board" shall refer to the local election official, election authority or the State Board of Elections, as the case may be, with whom nomination papers, including certificates of nomination and resolutions to fill vacancies in nomination, are filed and whose duty it is to "certify" candidates.

(Source: P.A. 96-809, eff. 1-1-10; 96-848, eff. 1-1-10.)

(10 ILCS 5/8-17) (from Ch. 46, par. 8-17)

Sec. 8-17. The death of any candidate prior to, or on, the date of the primary shall not affect the canvass of the ballots. If the result of such canvass discloses that such candidate, if he had lived, would have been nominated, such candidate shall be declared nominated.

In the event that a candidate of a party who has been nominated under the provisions of this Article shall die before election (whether death occurs prior to, or on, or after, the date of the primary) or decline the nomination or should the nomination for any other reason become vacant, the legislative or representative committee of such party for such district shall nominate a candidate of such party to fill such vacancy. However, if there was no candidate for the nomination of the party in the primary, no candidate of that party for that office may be listed on the ballot at the general election, unless the legislative or representative committee of the party nominates a candidate to fill the vacancy in nomination and such candidate complies with the provisions of subsection (j) of Section 7-61 of this Code within 75 days after the date of the general primary election. All other vacancies Vacancies in nomination occurring under this Article shall be filled by the appropriate legislative or representative committee in accordance with the provisions of Section 7-61 of this Code. In proceedings to fill the vacancy in nomination, including vacancies occurring for failure to nominate at the primary, the voting strength of the members of the legislative or representative committee shall be as provided in Section 8-6.

(Source: P.A. 96-1008, eff. 7-6-10.)

Section 99. Effective date. This Act takes effect July 1, 2012.